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Patna High Court

Pappu SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed provisional anticipatory bail, subject to verification of antecedents and compliance with bail bond conditions.

Summary

Petitioners Pappu Sah and Dashrath Mahto applied for anticipatory bail fearing arrest in a case registered under Sections 274, 275 and 3(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that 100 litres of liquor was recovered from a field adjacent to their land and that they were not in possession of the contraband. They contended that the investigation was based on secret information and that no arrest had been made at the spot. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs.5,000 each with two sureties and directed verification of the petitioners' criminal antecedents. The order stipulated that if the verification shows the petitioners concealed prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The application was allowed subject to these conditions.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the pending case under the B.N.S., 2023 and the Bihar Prohibition and Excise Act, 2022.
  • Whether the alleged recovery of liquor from a location not in the petitioners' possession justifies denial of bail.
  • Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • criminal antecedent verification
  • excise offence
  • liquor seizure
  • section 482(2) of B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90448 of 2025
                     Arising Out of PS. Case No.-283 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Pappu Sah Son of Lagan Sah Resident Of Village - Jahagirpur, P.S. -
                  Rustampur, Dist. - Vaishali.
           2.    Dashrath Mahto Son of Hemant Mahto Resident Of Village - Jahagirpur, P.S.
                 - Rustampur, Dist. - Vaishali.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                  2. Petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 274, 275

                   and 3(5) of B.N.S., 2023 as well as Section 30(a) of Bihar

                   Prohibition and Excise Act, 2022.

                                  3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of one case and petitioner no.2 is

                   a person with clean antecedent and allegation is of recovery of

                   100 litres of liquor from a place near the field of petitioners. It is

                   next submitted that petitioners were not arrested from the spot,

                   as such, nothing was recovered from their conscious possession
Patna High Court CR. MISC. No.90448 of 2025(2) dt.08-01-2026
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          and even alleged recovery is from a place which does not

          belong to the petitioners but then is adjacent to their field and

          they came to be implicated based on secret information which is

          the easiest way to implicate someone without holding a proper

          investigation.

                        4. Learned A.P.P. opposes the anticipatory bail

          application.

                        5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.5,000/- (Rupees Five Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive Special Excise Court No.-II-cum-Additional District

          & Sessions Judge, Vaishali at Hajipur in connection with

          Raghopur (Rustampur) P.S. Case No.283 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                        6. The application stands allowed.

                        7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioners shall

          verify the criminal antecedent of the petitioners and in the event,
               Patna High Court CR. MISC. No.90448 of 2025(2) dt.08-01-2026
                                                           3/3




                         if it is found that petitioner no.1 has antecedent of more than

                         one case and petitioner no.2 has antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioner no.1 has antecedent of

                         only one case and petitioner no.2 is a person with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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